MAY 9 — Tindak Malaysia, an electoral reform NGO and an endorsing member of Bersih Coalition, calls for revamp in the appointment process of Election Commission’s (EC) Chairman and Commissioners. As elections are essential foundation of any given representative democracy, a robust, dynamic, and independent EC is critical for the governance of Malaysia.
Today is the last day for our current EC Chairman, Datuk Abdul Ghani Salleh. With the recent appointment of Datuk Sapdin bin Ibrahim to fill last vacant position of Commissioners (the Federal Constitution requires 5 Commissioners), major question is who will be the successor for the Chairman of EC.
The recent appointments of Datuk Lee Bee Phang (2023) and Datuk Sapdin bin Ibrahim (2024) cast important questions on the current government of the day’s stance on electoral and institutional reforms. Tindak Malaysia was informed the recent appointment of Datuk Haji Sapdin did not go through any consultation of Parliamentary Special Select Committee on Human Rights, Election and Institutional Reform.
In the current Constitution, the EC Chairman, Deputy Chairman and five Commissioners are appointed by the Yang di-Pertuan Agong after the consultation with Conference of Rulers. The Constitution emphasises that the composition of EC members must enjoy public confidence. It is possible for the government of the day to discuss potential candidates of EC Chairman via the Parliamentary Special Select Committee and present the name(s) to Yang di-Pertuan Agong.
The recent appointments of EC Commissioners should spur calls for constitutional amendments to ensure composition of EC that truly inspires public confidence. We, Tindak Malaysia call upon the Malaysian government to amend Article 114 to include following procedures:
Composition of EC (chairman, deputy chairman and commissioners) should also receive concurrence from the Opposition Leader.
Members of the EC shall be drawn from diverse sectors and professions and should have demonstrated knowledge or interest in electoral matters. At least one member each shall come from Sabah and Sarawak.
Instead of using the current wordings – ‘enjoys public confidence’, emphasis on securing an independent EC shall be included.
The Yang Di-Pertuan Agong shall arrange for public hearings before a judge of the Federal Court nominated by the Chief Justice of Malaysia on the suitability of the proposed members to be appointed and the findings shall be presented for consideration by the Yang di-Pertuan Agong.
Tindak Malaysia has submitted our comprehensive proposal in revamping the appointment process for members of EC through Institutional Reforms Committee (2018), Electoral Reform Committee (2019), EC (2023) and Parliamentary Special Select Committee on Human Rights, Election and Institutional Reform (2023).
With the upcoming potential redelineation exercises, expanded postal voting base and the needful competence of polling staff, a truly independent EC that is helmed by robust and dynamic EC Chairman is a must. It is imperative that incumbent government inspire public confidence about the willingness to implement electoral reforms. In the longer term, constitutional amendments will be needed to secure the independence of EC.
As elections give legitimacy to federal and state governments, we call upon the current government to demonstrate its reform commitment by consulting the existing Parliamentary Special Select Committee and prepare for wider constitutional amendments on elections. Time is short and should not be squandered for this golden opportunity.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
